S.Balasubramaniyam v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN

1. S.Balasubramaniyam

2. N.Sadiq Basha ... Petitioners Vs.

1. The Superintendent of Police District Superintendent Office Krishnagiri

2. The Assistant Superintendent of Police District Superintendent Office Krishnagiri ... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondent police not to harass the petitioners in the guise of enquiry.

For Petitioners : Mr.T.Ganesan For Respondents : Dr.C.E.Pratap Government Advocate (Crl. Side)

O R D E R

The Criminal Original Petition has been filed by the petitioners to direct the respondents police not to harass the petitioners in the guise of enquiry.

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2. The learned counsel for the petitioners submitted that the dispute between the petitioners and the defacto complainant is civil in nature regarding selling of property and the police are unnecessarily interfering with the civil dispute and harassing the petitioners.

3. The learned Government Advocate (Crl. Side) appearing for the respondents police submitted that the notice under Section 35 of BNSS was issued to the petitioners, but the petitioners did not turn up and after enquiry, a case has been registered against the petitioners in Crime No.223 of 2025 for the offences under Sections 191(2), 126(2), 296(b), 351(3), 318(4) of BNS, by Kandhikuppam Police Station, Krishnagiri District.

4. Heard both sides and perused the materials available on record.

5. A perusal of the notice sent by the respondent police to the petitioners, is bereft of particulars. However, now the FIR has been registered.

6. Therefore, the police concerned is directed to send a fresh notice to the petitioners with necessary details by fixing a date for interrogation and on receipt of the same, the petitioners are directed to co-operate for the investigation.

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7. With the above directions, this Criminal Original Petition is disposed of.

14.07.2025 Index : Yes/No Speaking Order : Yes/No ksa-2 To

1. The Superintendent of Police District Superintendent Office Krishnagiri

2. The Assistant Superintendent of Police District Superintendent Office Krishnagiri

3. The Public Prosecutor High Court of Madras, Chennai Copy to The Inspector of Police/Station House Officer Kandhikuppam Police Station, Krishnagiri District.

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P.VELMURUGAN, J ksa-2 14.07.2025 4/4